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Prepared by: <br />Catherine D. Reischmann, Esq. <br />Garganese, Weiss & D'Agresta, P.A. <br />I I 1 N. Orange Ave., Ste. 2000 <br />Orlando, FL 32801 <br />Return to: <br />City Clerk <br />95 Triplet Lake Drive <br />Casselberry, FL 32707 <br />I"I it?'ri'tNl:f1:::...E:: <br />i RK 01' C:C1+'.t;:l.1:l: i' (;!)1.Il '1' +:;i:)III F,"I R0(..1...!::-li <br />C{++ <br />UTILITY COMMITMENT AND EASEMENT AGREEMENT <br />THIS UTILITY COMMITMENT AGREEMENT (this "Commitment" or <br />"A2reement") is entered into and made as of the . �'rl day of A 12r,, , 2016, by <br />and between the CITY OF CASSELBERRY, FLORIDA, (her nel after referred to as the <br />"City"), whose address is 95 Triplet Lake Drive, Casselberry, FL 32707 and CO -BB <br />CASSELBERRY VENTURE, LLC, a Delaware limited liability company (hereinafter referred <br />to as the "Developer"), whose address is 12765 W. Forest Hill Blvd., Ste. 1307, Wellington, FL <br />33414. <br />WITNESSETH: <br />WHEREAS, Developer, a Delaware limited partnership is the owner of fee simple title <br />to that certain real property located in Casselberry, Florida, more particularly described in <br />Exhibit A (the "Subiect Property"); and <br />WHEREAS, Developer represents that the holders of any and all liens and <br />encumbrances affecting the Subject Property will subordinate their interests to this Agreement; <br />and <br />WHEREAS, the Developer desires to facilitate the orderly development of the Subject <br />Property, in compliance with the laws and regulations of the City and of other governmental <br />authorities, and the approved site plan for the Subject Property; and <br />WHEREAS, upon request by the City, Developer has agreed to construct utility <br />improvements along the northern property line of the Subject Property; and <br />WHEREAS, the City will reimburse the Developer for the actual costs associated with <br />constructing the desired utility improvements after the utility improvements that are constructed <br />and accepted by the City; and <br />WHEREAS, after the City has accepted the installation of the desired improvements <br />installed by the Developer, the Developer shall convey to the City the accepted improvements, <br />and thereafter, the City shall operate, maintain, repair, and replace the accepted improvements at <br />the City's sole cost and expense, in accordance with this Agreement. <br />ORLDOCS 14630811 3 42471.0001 <br />